Black v. State, 44402
| Decision Date | 14 December 1971 |
| Docket Number | No. 44402,44402 |
| Citation | 473 S.W.2d 469 |
| Parties | Herman Lee BLACK, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Henry J. McCluskey, Jr., Dallas, for appellant.
Jim D. Vollers, State's Atty., Austin, for the State.
The offense is unlawfully carrying a prohibited weapon; the punishment, a fine of $350.00.
A sentence must be pronounced in every felony case and in every misdemeanor case except where the maximum possible punishment is by fine only. Art. 42.02, Vernon's Ann.C.C.P. Further, the sentence in a case like that at bar shall be pronounced before the appeal is taken. Art. 42.04, V.A.C.C.P.
The record before us does not include a sentence pronounced by the court below as required by Article 40.09, Section 1, V.A.C.C.P. While the record does contain a judgment, it is to be remembered that a sentence is separate and independent. Botley v. State, Tex.Cr.App., 467 S.W.2d 267 (1971). Where a necessary sentence does not appear in the transcript, the appeal will be dismissed. Clemons v. State, Tex.Cr.App., 414 S.W.2d 940 (1967); Hodges v. State, Tex.Cr.App., 417 S.W.2d 178 (1967); Adams v. State, Tex.Cr.App., 440 S.W.2d 844 (1969).
It is so ordered.
To continue reading
Request your trial
-
Ex parte Shields
...See, e. g., Clemons v. State, 414 S.W.2d 940 (Tex.Cr.App.1967); Herbort v. State, 422 S.W.2d 456 (Tex.Cr.App.1967); Black v. State, 473 S.W.2d 469 (Tex.Cr.App.1971); Baker v. State, 491 S.W.2d 887 As to the time for pronouncing sentence in the trial court, Article 42.03, Vernon's Ann.C.C.P.......
-
Woods v. State, s. 51004
...Numerous appeals of this nature have been dismissed where the required sentence did not appear in the record. See, e.g., Black v. State, 473 S.W.2d 469 (Tex.Cr.App.1971); Clemons v. State, 414 S.W.2d 940 (Tex.Cr.App.1967); Herbort v. State, 422 S.W.2d 456 (Tex.Cr.App.1967); Baker v. State, ......
-
Nealy v. State
...unless sentence has been pronounced before the appeal is taken, citing Clemons v. State, Tex.Cr.App., 414 S.W.2d 940; Black v. State, Tex.Cr.App., 473 S.W.2d 469. The aforementioned propositions, while true, are not applicable in the instant case and appellant's reliance upon them is mispla......
-
Mennis v. State, 46876
...the same thing; the two are distinct and independent.' See also Clemons v. State, 414 S.W.2d 940 (Tex.Cr.App.1967) and Black v. State, 473 S.W.2d 469 (8tex.Cr.App.1971). 469 (Tex.Cr.App.1971). there is a sufficient sentence and that it need not show that the appellant was present when it wa......